To Establish an Open Data System by December 2016. (TZ0027)
Action Plan: Not Attached
Action Plan Cycle: 2014
Lead Institution: Ministry of Finance (MoF), National Bureau of Statistics (NBS), President’s Office, Public Service Management (POPSM), e-Government Agency (eGA), Ministry of Education and Vocational Training (MOEVT), Ministry of Works (MOW), Ministry of Health and Social Welfare (MOHSW), National Archives, and Prime Minister’s Office – Regional Administration and Local Government (PMO-RALG)
Support Institution(s): PMO-RALG, unspecified CSOs, and private sector
Policy AreasCapacity Building, E-Government, Open Data, Water and Sanitation
Key steps to operationalizing this commitment include the following:
(i) Establishing a coordinating body or working group under the Ministry of Finance for exploration of this issue.
(ii) Supporting guidelines issued, followed by legislative resolutions demonstrating support for transparent operations and the integration of open data into policy considerations, including provision of data in machine readable formats.
(iii) Establishment of a user-friendly, interactive open data portal data.go.tz.
(iv) Publication of key datasets on data.go.tz, particularly related to the education, health and water sectors, including data from Basic Education Statistics in Tanzania (BEST) and national examinations (NECTA), medical facilities and Medical Stores Department (MSD), water points, company registrations, NBS census and survey data and GIS data on village and ward boundaries; and with all data an emphasis on provision of disaggregated data at the facility level so as to be meaningful to citizens.
IRM End of Term Status Summary
Commitment 3.5. Extractive Industries Transparency
Commitment Text: Tanzania to fulfill its EITI commitments by June, 2015
(i) Publish signed mining development agreements (MDAs) and Profit Sharing Contracts
(PSCs) from 2014 onwards by June, 2015,
(ii) Document Governments policy on actual practice for disclosure of contracts signed
before 2014 by June, 2015,
(iii) Publish Demarcated areas for Mining by December, 2014.
Responsible institution: Ministry of Energy and Minerals (MEM)
Supporting institution(s): Attorney General's Office
Start date: Not specified End date: 31 December 2015
The commitment seeks to comply with the Extractive Industries Transparency Initiative (EITI) requirements by publishing several key documents online that will improve transparency in extractive industry (EI) issues in Tanzania. As of writing this report, Tanzania is compliant with EITI requirements, and the activities proposed in this commitment serve to further improve transparency in the extractive sector. Additionally, this commitment aims to secure public accountability by requiring mandatory disclosure of all mining development agreements (MDAs) and gas production sharing agreements (PSCs) signed before and after the Tanzania Extractive Industries Transparency and Accountability (TEITA) Act came into force on 16 October 2016.[Note 44: The Tanzania Extractive Industries (Transparency and Accountability) Act, No. 23 of 2015. Downloaded on 16 October 2016 at http://www.teiti.or.tz/wp-content/uploads/2016/02/Date-Commencement-of-TEITA-Act2015.pdf.%5D The complete implementation of the commitment could provide the public with more meaningful access to information about revenues received by Tanzania's mineral, oil, and natural gas resources.
Midterm: Not started
At the midterm assessment, the government had not started implementing any of the commitment activities. The government was suspended from EITI due to missing the 30 June 2015 deadline for publishing the EITI report.
End of term: Limited
Important developments were underway in Tanzania that laid the groundwork for greater transparency for the extractives sector in the country.
In July 2015 the Parliament passed three legislative acts: the Petroleum Act 2015, the Tanzania Extractive Industry Transparency and Accountability Act 2015, and the Oil and Gas Revenues Management Act. The acts update and consolidate existing legislation for the oil and gas sector. The Petroleum Act defines the tax regime for licence holders and contractors in the extractives sector. The TEITA Act requires that all new concessions, contracts, and licences must be made available to the public. Tanzania joins a short list of countries that have dedicated EITI legislation in place, and this is significant because all extractive companies in the country must disclose beneficial owners. Tanzania EITI has also produced inception reports reviewing the legal and institutional framework for beneficial ownership transparency, which are publicly available online as of 26 March 2016. All of these initiatives serve to strengthen transparency in Tanzania's extractives sector.
Despite the progress made and the changes brought about by these laws, activities specific to this commitment, such as publishing mining development agreements and profit-sharing contracts, saw limited completion. The disclosure and publication of those agreements and contracts are crucial to the country's standing in the EITI community and in opening up the extractives sector in Tanzania.
The government's end-of-term self-assessment report (as of 30 June 2016), asserts that 217 out of 423 large-scale mines were registered in the online mining cadastre transactional portal (OMCTP), which serves as a repository of all mining tenements,[Note 45: A mining tenement is a permit, claim, licence, or lease that may be granted by a mining registrar or the minister of energy and minerals.] applications for licenses or permits, geological maps, and satellite imagery. The IRM researcher searched the mining portal and corroborated the government's assessment.[Note 46: http://portal.mem.go.tz/map/. ] Civil society actors[Note 47: Interview with a civil society stakeholder, 24 October 2016, Dar es Salaam.] state that the mining portal is a platform to enable customers to register applications, review the licenses, send performance information, and make licencing payments and royalties electronically.
To fully complete this commitment, the government needs to publish its policy on actual practices for disclosing contracts, in addition to publishing all signed mining development agreements and profit-sharing contracts from 2014 onwards through offline and online means. Through the OMCTP, the government has started to publish required and relevant information on demarcated areas for large-scale mining activities, but stakeholders were of the view that more information needs to be made available, including in offline formats and in the Kiswahili language.[Note 48: Interview with a civil society EITI expert, 24 October 2016, Dar es Salaam.]
Did it open government?
Access to information: Marginal
Public accountability: Did Not Change
Tanzania is a member of the Extractive Industries Transparency Initiative (EITI), which demonstrates the country's commitment to having its extractive industry data and revenue become more open to public access and scrutiny. The country is currently compliant with EITI standards, although it fell short during the midterm assessment. This commitment represents a step in the right policy direction to ensure effective and transparent management of the extractive industries. In the past, the media have reported on corruption cases involving contracts in the mining sector between the government and extractive companies [for agreements entered before 2014], with corruption and rent-seeking significantly influencing the secret signing of mining development agreements and gas production sharing agreements. However, the final version of the 2015 TEITA Act (Article 27) provides for the retroactive disclosure of contracts that were signed prior to when the act came into force. According to one civil society stakeholder,[Note 49: Telephone interview with a civil society stakeholder, 13 October 2016, Dar es Salaam.] the online mining portal (OMCTP) helps curb corruption, increases efficiency on the part of the ministry officials, and additionally helps oversight institutions with data to monitor revenue, governance, and transparency of the mining subsector.
However, the same stakeholder[Note 50: Telephone interview with a civil society stakeholder, 13 October 2016, Dar es Salaam.] was of the view that to make major inroads and open up the extractives sector to uninhibited public scrutiny, the government needs to fully implement the provisions of the TEITA Act. This includes publishing agreements and contracts as mandated by the legislation. A civil society stakeholder said that more than knowing the identities of licence owners, citizens are most interested in having information on what benefits these contracts are providing for the country.[Note 51: Telephone interview with a civil society stakeholder, 13 October 2016, Dar es Salaam.]
The full implementation of the TEITA Act will help disclose information that was previously in the exclusive purview of the government on one side and the mining, oil, and gas companies on the other. The IRM researcher is convinced that with the central government's ongoing drive to instill fiscal discipline on its MDAs, the environment is ripe for opening up government further when it comes to the extractive industry.
This commitment has also been carried forward to the third OGP action plan draft. The next steps in this commitment include, but are not limited to, publishing demarcated large-scale mining areas online and including agreements and contracts on the Ministry of Energy and Mineral's website.
To Enact a Freedom of Information Act by December 2014.
TZ0026, 2014, Legislation & Regulation
To Establish an Open Data System by December 2016.
TZ0027, 2014, Capacity Building
To Make Budget Data (Eight Key Budget Reports), Audit Committee Reports and Tax Exemptions Publicly Available by December 2014.
TZ0028, 2014, E-Government
Make Land Use Plan, Ownership and Demarcated Areas for Large Scale Land Deals Accessible Online for Public Use by June 2016.
TZ0029, 2014, Land & Spatial Planning
Tanzania to Fulfill Its EITI Commitments by June 2016
TZ0030, 2014, Extractive Industries
Dashboard of OGP Progress
TZ0001, 2012, OGP
Water Data and Mapping
TZ0002, 2012, Water and Sanitation
TZ0003, 2012, E-Government
National Audit Office Website
TZ0004, 2012, E-Government
Client Service Charters
TZ0005, 2012, E-Government
Participation by Email and Mobile Phones
TZ0006, 2012, E-Government
Reporting on Medical Supply Orders
TZ0007, 2012, E-Government
Access to Health, Education, and Water Data
TZ0008, 2012, Open Data
TZ0009, 2012, Open Data
Open Forum on OGP Commitments
TZ0010, 2012, E-Government
TZ0011, 2012, E-Government
Citizens’ “How Do I?” Website
TZ0012, 2012, Public Service Delivery
Local Government Service Boards and Committees
TZ0013, 2012, E-Government
Citizens' Budget Document
TZ0014, 2012, E-Government
Contact Point for OGP Communication
TZ0015, 2012, E-Government
Global Practice on Data Disclosure
TZ0016, 2012, E-Government
TZ0017, 2012, Aid
Open Government Innovation by Local Entrepreneurs
TZ0018, 2012, Capacity Building
Disclosure of Public Officials’ Assets
TZ0019, 2012, Asset Disclosure
Allocation of Grants to Local Governments
TZ0020, 2012, E-Government
Budget Execution Reports
TZ0021, 2012, E-Government
Local Government Transparency
TZ0022, 2012, E-Government
Reports on Tax Exemptions
TZ0023, 2012, E-Government
Best Practices for Freedom of Information Laws
TZ0024, 2012, Right to Information
TZ0025, 2012, E-Government